International and legal protection against offenses in a field of ecology of construction

Abstract

This article explores the legislative and doctrinal foundations of ensuring ecological safety in the allocation and sustainable development of settlements. The study systematically examines a broad range of international treaties and domestic regulatory acts, analysing their integration into the legal framework of Ukraine. At the global level, the paper details the significance of fundamental agreements, including the Stockholm and Rio de Janeiro Declarations, the Aarhus Convention, and the Protocol on Strategic Environmental Assessment. These international instruments establish the core tenets of balanced urban planning, ensuring public participation and mandatory transboundary environmental impact assessments. On a national level, the research evaluates Ukraine's complex and dynamic legislative structure, mapping its transformation from constitutional guarantees down to sectoral land, building, and sanitary codes. A substantial portion of the article is dedicated to assessing Section VIII of the Criminal Code of Ukraine, focusing on offences against the environment committed during construction and urban development activities. The author highlights a conceptual shift in the criminal legal apparatus toward a protective function that actively safeguards individual ecological rights rather than merely enforcing generalised conservation standards. However, the study identifies critical legal lacunae, notably the lack of an unambiguous definition of ecological safety across both international and national legal norms. Furthermore, significant practical challenges remain regarding the insufficient criminal-legal protection of property rights over natural resources and the complex task of distinguishing criminal offences from administrative infractions based on public danger and systemic consequences. The paper concludes by emphasizing the urgent need to refine judicial interpretations and eliminate extrajudicial liability mechanisms.